Litchfield v. McComber
New York Supreme Court
APPEAL by the plaintiff from a judgment of a special term, allowing a demurrer to the complaint. The action was brought in pursuance of the authority given by the act of the legislature of April 29th, 1863, (Lotos of 1863, p. 526,) by the plaintiff, as collector, appointed under the act of April 19, 1859, (Laws of 1859, p. 1109, § 7,) to recover the amount of an assessment levied by virtue of the latter act, upon the property of the defendant.
1Opinion of the Court
By the Court,
Brown, J.
The constitutionality and force of the act of the 19th of April, 1859, to provide for closing the entrance of the tunnel of the Long Island Bail Boad Company, in Atlantic street, city of Brooklyn, &c. (Lotos of 1859, p. 1109,) as well as of the act modifying the same, *290passed March 28, 1860, (Laivs of 1860, p. 173,) is res acljudicata in this court. The power of the legislature to provide for closing the tunnel, the restoration of the street to its proper grade, and the relinquishment hy the company of the right to use steam within the city limits, for a fixed…
2Cases cited4 opinions
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- Brewster v. . City of SyracuseNew York Court of Appeals · 1859
- People ex rel. Crowell v. LawrenceNew York Supreme Court · 1862
- Morse v. . GooldNew York Court of Appeals · 1854
3Cited by8 opinions
- Gilson v. Board of CommissionersIndiana Supreme Court · 1891
- City of New Orleans v. New Orleans & Carrollton RailroadSupreme Court of Louisiana · 1883
- Hazzard v. HeacockIndiana Supreme Court · 1872
- Moore v. LetchfordTexas Supreme Court · 1872
- Torrey v. WillardNew York Supreme Court · 1889
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